US Supreme Court paves way for Trump to stand

Donald Trump

The decision of the court, which was unanimous, overturns a 4-3 rulung from Colorado’s Supreme Court that the former president could not run because of his involvement in the insurrection on the US Capitol on 6 January 2021.

It was, however, a novel interpretation of section 3 of the 14th Amendment – which prevents insurrectionists from holding office.

“We conclude that states may disqualify persons holding or attempting to hold state office. But states have no power under the constitution to enforce section 3 with respect to federal offices, especially the presidency,” the court wrote in its opinion.

Section 3 of the 14th Amendment provides that members of Congress or officers of the US who engage in insurrection after taking an oath to the Constitution are barred from holding office.

The court’s three liberal justices provided a defence of why section 3 was still needed: “The American people have the power to vote for and elect candidates for national office, and that is a great and glorious thing.

“The men who drafted and ratified the 14th Amendment, however, had witnessed an ‘insurrection [and] rebellion’ to defend slavery. They wanted to ensure that those who had participated in that insurrection, and in possible future insurrections, could not return to prominent roles.”